The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1887-11-24
I,et u Head the Law.

EprroR PIoxEER:-In my last letter in
describing the duties OF q COMMITTEES Of
viewers in laying ont-a Co. road, ! forgot 70
state that II they found the road which was
proposed to be laid out, passed over the land
Of any party that was unknown or absent
whether the said party had got his deed or
simply made q legal fling on the said land
then in that case II is the duty Of the said
viewers to assess the damages in . sum they
consider just and deposit an estimate Of the
same with the Co. Clerk, and the said
amount shall be payable on demand to the
party sustaining such damage At any time
thereafter. Sec. AZ, R. s. Of '88.
At the first session Of the road after such
examination has been held, the viewers
shall present their report in full to the COM
missioncrs for action, and If the said Board
is satisfied that all the heretofore described
requirements have been complied with n
that the said road is Of sufficient advantage
to justify the expenses, then they shall de-
clare the said road open, and cause the Co..
Clerk to inform the road overseer Of the dis
trict Of the fact. See sect. 50, r. act Of ''83,
also IS and SO 8. L. of 1879. And If more
free holders residing along the proposed
highway petition against the opening OF
such road than there is for opening it, then
the Board shall not declare the said road
opened, Sect. 10, cap. 20 Pol. @. If the
road passes through any organized town, if
the commissioners think that the damage
cost more ethan the road is worth, they may
consult with ana take the advice Of said
town supervisors. Sect. Is.
1t may be interesting to notice here, that
Booth, in commenting on this law. cautions
Co. Boards not in any case to declare the
road open until all the damages have been
duly settled or disposed Of according to law;
because if they did, sny PARTY passing over
the prop erty in dispute could be held for
tresspass and the county would be held liz
BILE. Booths NJ, page 8 and 4.
A very interestering question arises here,
to the people living on land they have not
proved up ON, or those who have made the
filing or contracts as defined by law, for
land over which q county road is proposed
to be located, viz: What constitutes personal
be property that damages may obtained for?
Ans: sec. l59 C. c. All the improvements,
advantages, privileges or conveniences that
the owner has created on the land by his la
Dor, his intelligence or his money, which
the law gives him the right to possess to the
exclusion Of others.
I'd. What constitutes real property, that
damages may be obtained for, by reason of
laying out . road? Ans: All land that is
deemed the solid material Of the earth what
ever may be the Ingredients of which it is
composed. End. All that is incidental or
ap purtenant to the land, and and all that is
im%movable by law, also all timber on the
land when it is affixed to it by its roots,
whether vines, trees or shrubs, and all natur-
al privileges such rs water courses, streams,
wells, &c., &C.. Sec. 1872 to 166 C.. G. and
land laws of U. 8.
In laying out the said road, if any person
thinks the viewers have not awarded him
sufficient damages, he is to make out .
statement Of the damages on oath and lay
the said statement before the Board at the
first meeting, sec. 50, l.. 'S3. and if the
Board refuse to grant him the relief sought
for, he must, within 80 days, appeal to a
Justice of the Peace, who must not be al in
terested party, nor live in the town the road
is passing through; and the said Justice
shall call a jury to hear the appeal, An
sums over 500 must be taken to the Dis
trict Court. See sec. SO. L. '83.
Every application for an appeal must be
in writing and must briefly state the
grounds on which it is brought in relation
to the damages, or whether it is brought to
entirely reverse the decision Of the COM
missioners, or any part of their decision
and the party making such an appeal must
give q bond to the county with two s~ureties,
that he will pay the costs of such trial if he
lose the the case. Then the justice will is
sue a m to one or more Of the Com
missioners to be served 8 days before the
trial, stating when and where such trial is
to take place, and at the trial the justice
shall proceed as directed by law for other
jury trials. And if the jury or any Of the
parties to the trial deem it necessary that
the jury ought to personally examine and
pass over the road or any part thereof, the
judge must adjourn the court for not more
than 10 days, to give them an opportunity
to do so. Sec. 10.
The jury within 10 days shall return their
decision in writing to the Justice and the
justice shall file the said decision in the Of.
fee of the Co. Clerk, and if the decision Of
the Board be upheld by the jury, then ap.
pellant will pay the costs, but if the jury
reverse, alter or give . greater amount Of
damages than the Board allowed, then the
county must PAL. the costs. Sec. Il.
After.such decision has been filed afore
said then the county Board shall proceed in
accordance Herewith and shall issue county